•Urges Electorate To Participate Actively In Process

The Nigerian Bar Association (NBA) has stated that the provisions of the Constitution of Nigeria override every other law and judgment passed in any court, as such the security agencies are bound by the Constitution to provide security for the local government election in Rivers State.

The election, which is being conducted by the Rivers State Independent Electoral Commission (RSIEC) is scheduled to hold on Saturday, October 4, 2024 across the 23 local government areas of the State.

The leadership of the NBA in Rivers State made this assertion on Friday, October 4, 2024 during a press briefing in Port Harcourt via a communique read on its behalf by the Chairperson of the NBA Port Harcourt Branch, Cordelia Eke.

The NBA said it was imperative to reiterate that the Constitution of Nigeria is the grundnorm from which all government agencies and institutions derive their validity and are bound to obey same.

“We also emphasize that any law or judgment that is inconsistent with the provisions of the Constitution, is null and void, to the extent of its inconsistency.

“Security agencies have the constitutional duty of maintaining law and order in the country, but if they choose to abdicate their constitutional role, then, it ridicules our democracy and our Constitution.”
The Nigerian Bar Association also stated that its members will be participating fully as observers in the election, stressing that “there is no legal impediment against it”.

The communique was signed by all eight chairmen of the Branches of NBA in Rivers State, which was read to newsmen at the Conference Hall of NBA Building in Port Harcourt on Friday, October 4, 2024.

The NBA chapter chairmen present, who also signed the communique include, the Chairman, Isiokpo Branch, Simple Dioha; Chairman, Ahoada Branch, Dr Hilda Desmond-Liekaire; Chairman of Degema Branch, Abiye A. Abe; the Chairman, Bori Branch, Dr. N. A. Dusorn; Chairman, Okehi Branch, Dr. Cełestine Nwankwo; the Chairman, Okrika Branch, Tamunosiki A. Roberts; and the Chairman, Omoku Branch, Ekeledinichukwu Ordu.

The NBA said it is trite that statutory bodies cannot be stopped from performing their constitutional duties, pointing out that Local Government elections are part of the democratic process of Nigeria as provided for in the Constitution of the Federal Republic of Nigeria 1999 (as amended).

“In view of the forthcoming elections in Rivers State, on behalf of the eight Branches of the Nigerian Bar Association in the State, we wish to state as follows:

“As we all know, there are several court judgments on the Rivers State Local Government Election issue which are already widely circulated in the social media.

“Sadly, most of these judgments are from courts of coordinate jurisdiction, and have been subject to diverse interpretations.”

Eke stated that they do not want to over-flog the issues that are on ground already or stoke the embers that are already burning.

She, however, said it was imperative to reiterate that the Constitution of Nigeria is the grundnorm from which all Government agencies and institutions derive their validity and are bound to obey same.

“We also emphasize that any law or judgment that is inconsistent with the provisions of the Constitution, is null and void, to the extent of its inconsistency.

“Security agencies have the constitutional duty of maintaining law and order in the country, but if they choose to abdicate their constitutional role, then, it ridicules our democracy and our Constitution.”

The chairperson of Port Harcourt Branch of NBA, therefore, encouraged all residents of Rivers State, who are registered voters to go out on Election Day and exercise their franchise.

She said as the leadership of NBA in Rivers State, they are also advising Rivers indigenes and residents in the State to be peaceful and law abiding in the course of the election process